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Lieven v Pope [2020] NZDC 17768

Published 23 September 2021

Appeal from Tenancy Tribunal — powers of judge on appeal — proper notice of viewings by prospective purchasers — landlord’s right of entry — unreasonably withholding consent to assign tenancy — illegal trespass notice — unlawful obstruction of the landlords — intentional harassment of tenants — Residential Tenancies Act 1986, ss 13, 38, 44, 47, 48, 117 & 118 — A R Cabarets Ltd v Hawkes Bay Development Co Ltd (1985) 5 NZAR 477 — Focus Contracting Ltd v Property Management (Marlborough) Ltd, DC Blenheim CIV-2009-006-103, 17 December 2009 — Corban v Inspire Property Management Ltd [2019] NZTT 4195098 (New Plymouth) — McNaught v Te Aro Tenancies Ltd [2019] NZTT 4207961 (Wellington) — Liu v Padmajan [2018] NZTT 4122619. The appellant appealed from two decisions of the Tenancy Tribunal. The Tribunal had awarded the tenants $1520.44, released two of them from the tenancy, ordered that their bond be repaid, and dismissed a claim brought by the appellant landlord. In a separate claim the Tribunal had dismissed the appellant's application for a rehearing. The Court examined the issues raised on appeal, finding that the Tribunal had been right to find that the appellant had not provided proper notice of viewings by prospective purchasers; that she had unreasonably withheld consent to assign the tenancy; that the respondents had not issued an illegal trespass notice or engaged in fraud, harassment or unlawful obstruction of the appellant; and that the appellant had twice intentionally harassed the respondents. There was no reason for the Court to overturn the findings of the Tribunal, and the appeal was dismissed. Judgment Date: 3 September 2020. Note: names of respondents anonymised following a High Court appeal from the Real Estate Agents Disciplinary Tribunal – see [2023] NZHC 3040.

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